The FAR Council’s new proposed rule creates two new categories for federal contractors – significant contractors and major contractors – which trigger significant reporting requirements related to greenhouse gas emissions.
February 16, 2023, at AGC’s Headquarters in Arlington, Va.
Nominations accepted through January 2023
AGC submitted comments (coalition and construction-specific) on a recent U.S. Environmental Protection Agency (EPA) proposal to designate perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS) as hazardous substances under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA or Superfund as it is more commonly known). As previously reported, a CERCLA designation would trigger the cleanup of contaminated sites and introduce liability to contractors (regardless of fault) that may have unknowingly interacted with the chemicals by moving dirt, dewatering, or demolishing structures on previously “clean” jobsites.
On October 13, AGC formally weighed in against a Federal Highway Administration’s (FHWA) one-size-fits-all proposed rule that would have the effect of delaying or halting certain road and bridge projects - including the construction of new roads and highways – forcing them to instead focus on reducing greenhouse gas emissions.
Future of “Significant Nexus” Test Remains Unclear”
Once consideration of Sen. Joe Manchin’s (D-W.Va.) environmental permitting reform bill was removed from the government funding bill, it easily passed the U.S. Senate and is expected to pass in the House as well.
AGC has the latest on Senator Joe Manchin’s (D-W.Va.) legislation for his long-awaited permitting reform for energy infrastructure, as the clock ticks towards another government shutdown.
On September 6, 2022, AGC submitted a letter raising concern about the U.S. Environmental Protection Agency’s (EPA) intent to prohibit and restrict certain areas from disposal sites for the Pebble Mine under the Clean Water Act (CWA) section 404(c)---commonly referred to as EPA’s veto authority. The permit in question is currently undergoing an administrative appeal following the U.S. Army Corps of Engineers’ denial. EPA’s preemptive veto of the permit would set a harmful precedent for future projects working through the permitting and/or appeals process and have a chilling effect on infrastructure development.
On September 6, 2022, the U.S. Environmental Protection Agency (EPA) proposed the designation of perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS) as hazardous substances under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA or Superfund as it is more commonly known). This action, if finalized as proposed, would trigger reporting requirements and ultimately the cleanup of contaminated sites. AGC is concerned about the designation as a contractor may have unknowingly interacted with the chemicals on jobsites that had not previously been considered contaminated—and CERCLA does not include an “innocent contractor” provision. AGC requested a 60-day extension on the comment period, which currently will close on November 7, 2022.